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Articles 121 - 150 of 212
Full-Text Articles in Judges
Keeping Up Appearances: A Process-Oriented Approach To Judicial Recusal, Amanda Frost
Keeping Up Appearances: A Process-Oriented Approach To Judicial Recusal, Amanda Frost
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Publications
For a long time, social scientists have worried about possible racial discrimination in sentencing in the United States. With a prison population that exceeds two million inmates of whom approximately 48% are African American, the worry over the fairness of the sentencing process is understandable. This article is not about discrimination between racial categories as such, but about a related form of discrimination, namely, discrimination on the basis of a person's Afro-centric features. Section I of the article describes a line of social science research that shows that a person's Afro-centric features have a strong biasing effect on judgment such …
Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami
Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami
Scholarly Articles
This article explores the use of threats of removal against federal judges and why their incidence is likely to increase. In Part I, after presenting the textual sources authorizing judicial removal, I survey briefly the history and quality of certain judicial impeachments and threatened removals. In Part II, I examine two recent pieces of legislation, the Feeney Amendment and House of Representatives Resolution 568 (which has not yet been enacted), that serve as able vehicles for legislators to threaten judges with removal for noncompliance with certain political ideologies or objectives. In Part III, I ask what may explain the increased …
The Road Less Traveled: The Third Circuit's Preservation Of Judicial Impartiality In An Imperfect World, Jay Hall
Villanova Law Review (1956 - )
No abstract provided.
“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Can Good Judges Be Good Politician? Judicial Elections From A Virtue Ethics Approach, Marie Failinger
Can Good Judges Be Good Politician? Judicial Elections From A Virtue Ethics Approach, Marie Failinger
Faculty Scholarship
In this article, the author argues that it is only possible to determine whether judges are likely to be good judges if we understand the practice of judging and the telos of justice toward which its aims, and that elections cannot help voters determine what qualities are necessary in judges and for what reasons. Moreover, I argue that traditional elections require virtues in politicians which are not often found in good (virtuous) judges, making them an unsuitable way of selecting candidates.
Decline Of Title Vii Disparate Impact: The Role Of The 1991 Civil Rights Act And The Ideologies Of Federal Judges, Michael J. Songer
Decline Of Title Vii Disparate Impact: The Role Of The 1991 Civil Rights Act And The Ideologies Of Federal Judges, Michael J. Songer
Michigan Journal of Race and Law
This study employs various statistical techniques to test the efficacy of the 1991 Civil Rights Act in moderating the highly restrictive disparate impact regime imposed by Wards Cove, and to evaluate the hypothesis that political ideology should be a more powerful predictor of case outcomes following the 1991 Act. Part I of the paper describes the evolution of disparate impact doctrine from 1971 to the present. Part II analyzes data from randomly selected disparate impact cases brought by African American plaintiffs and finds that the current disparate impact doctrine emanating from the 1991 Civil Rights Act dramatically decreases the likelihood …
A Call For Change: Improving Judicial Selection Methods, Jason J. Czarnezki
A Call For Change: Improving Judicial Selection Methods, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Empirical data show that, despite the significant electoral success of state court judges, elections still impact judicial decision making. Using the State of Wisconsin as an example, this Essay suggests that Wisconsin and other state legislatures, with the support of bar associations and academics, should revisit the historical underpinnings of judicial elections and consider both whether electing judges conforms with the historical goals of having an elected judiciary and whether the available empirical data support the belief that elected judges can be systematically consistent and independent in the decision making process.
Fear And Loathing In Constitutional Decision-Making, Christina E. Wells
Fear And Loathing In Constitutional Decision-Making, Christina E. Wells
Faculty Publications
National security crises are particularly difficult on the judiciary. Faced with a threat to the country's integrity, such cases require judges rationally and fairly to weigh this hefty interest against the rights of persons suspected of posing that very threat. Not surprisingly, judges have rarely lived up to this task as many have fallen sway to the same fear and prejudice that gripped the county during these times. Scholars have written extensively about judicial capitulation to fear and prejudice in such well-known cases as Schenck v. United States, Korematsu v. United States, and Dennis v. United States, with some lamenting …
The Supreme Court Report 2004-05: The End Of The Rehnquist Era, Julie M. Cheslik
The Supreme Court Report 2004-05: The End Of The Rehnquist Era, Julie M. Cheslik
Faculty Works
No abstract provided.
Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants)
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan
Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Strategy And Remorse In Capital Trials, Andrew D. Leipold
Strategy And Remorse In Capital Trials, Andrew D. Leipold
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
A Psychologist's Perspective On Capital Juries, Steven J. Sherman
A Psychologist's Perspective On Capital Juries, Steven J. Sherman
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann
Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The History Of Capital Appeals In Massachusetts, William J. Meade
The History Of Capital Appeals In Massachusetts, William J. Meade
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Procedural Default In Capital Cases, F. Thomas Schornhorst
Procedural Default In Capital Cases, F. Thomas Schornhorst
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
A Scientist's Perspective On Forensic Science, Carl M. Selavka
A Scientist's Perspective On Forensic Science, Carl M. Selavka
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin
Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Post-Trial Review
Open Discussion: Post-Trial Review
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring
Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak
Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak
Indiana Law Journal
No abstract provided.
Response To Professors Kamin And Pokorak, Joseph L. Hoffmann
Response To Professors Kamin And Pokorak, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner
How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner
Law Faculty Scholarship
No abstract provided.
Female Judging, Theresa M. Beiner
Welcoming Remarks, Joseph L. Hoffmann, William J. Mead
Welcoming Remarks, Joseph L. Hoffmann, William J. Mead
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report
False Positives And False Negatives In Capital Cases, Erik Lillquist
False Positives And False Negatives In Capital Cases, Erik Lillquist
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Problem Of Death Qualification, Nancy J. King
The Problem Of Death Qualification, Nancy J. King
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Fairness In The Application Of The Death Penalty, Edwin Colfax
Fairness In The Application Of The Death Penalty, Edwin Colfax
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.